Commentary By Dan Small

Commentary By Dan Small

October 09, 2017 | Daily Business Review

Turning Lemons Into Lemonade When Working With Witnesses

In the Harrison Ford film “Clear and Present Danger,” the drama opens soon after the murder of American businessman Peter Hardin for allegedly stealing $650 million from a drug cartel.

By Commentary by Dan Small and Michael E. Hantman

7 minute read

August 10, 2017 | Daily Business Review

Push Your Client's Buttons: Doing It Right Takes Practice

All seasoned trial lawyers have experienced a client being facetious and losing composure. While there's no way to completely avoid this, there is one way to ameliorate it: conduct a realistic and prolonged mock cross examination of your own client. No amount of discussion can fully explain the question-and-answer process. Like anything difficult and unnatural, doing it right takes practice, write Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

6 minute read

May 23, 2017 | Daily Business Review

Litigation Lessons From Hollywood

It sounds trivial, but never forget: if you're trying a case, begin at the beginning. Hollywood never ignores the central narrative. If you're telling a story, your audience must understand it. You never want your audience to feel overwhelmed, lost or confused, or to stop listening. Provide themes and road maps along the way. A long, meandering story—absent thematic threads binding it all together—is often monotonous and boring, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

April 19, 2017 | Daily Business Review

Proper Witness Preparation vs. Improper Coaching

Ethical issues surrounding witness preparation are on full display in one extreme situation: where the lawyer knows the witness lied or plans to lie on the witness stand. But the tug of war between ethically representing clients and protecting the integrity of the judicial system can be more challenging under less dramatic circumstances, write Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

February 17, 2017 | Daily Business Review

No Small Feat: Preparing the Professional to Testify

Attorneys who call professionals as trial witnesses need to make sure they speak in plain English, avoid picking fights and don't patronize, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

February 02, 2017 | Daily Business Review

Before You Ask the Expert, Prepare the Expert Witness

When bringing in expert witnesses, preparation and guidance should lead the way, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

January 12, 2017 | Daily Business Review

Speaking for a Legal Fiction: Corporate Representative Depositions

Preparation is key when corporate representatives are targeted for depositions, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

November 16, 2016 | Daily Business Review

Federal Grand Jury: A Dangerous Jungle for Witnesses

Attorneys Dan Small and Daniel E. Hantman outline the basics of grand jury testimony and protecting the witnesses.

By Commentary by Dan Small and Michael E. Hantman

11 minute read

November 08, 2016 | Daily Business Review

The Witness Interview: Protecting Against Dangerous Informality

When it comes to potential litigation, attorneys Dan Small and Michael E. Hantman caution against treating an informal interview as anything short of the real thing.

By Commentary by Dan Small and Michael E. Hantman

10 minute read

October 31, 2016 | Daily Business Review

Lights, Camera, Testify: Some Do's and Don'ts of Witness Preparation

Trial lawyers need to make sure their witnesses prepare for video depositions to avoid potentially disastrous results, write attorneys Dan Small and Michael E. Hantman.

By Commentary by Dan Small and Michael E. Hantman

10 minute read